Nunavut Mining Regulations

Marginal note:Cancellation — recording of claim or lease

• 67 (1) The recording of a claim, or a lease and the recorded claim to which the lease applies, are cancelled on the day on which any of the following events occurs:

  • (a) the Minister has realized on a charge or security on the real property of the claim holder or the lessee for the costs of remedying any environmental condition or environmental damage under subsection 11.8(8) of the Companies’ Creditors Arrangement Act or subsection 14.06(7) of the Bankruptcy and Insolvency Act;

  • (b) the interests in territorial lands represented by the claim or lease have reverted to the Crown as a result of a court order made under the Companies’ Creditors Arrangement Act or the Bankruptcy and Insolvency Act; or

  • (c) the Minister has accepted the claim or lease as a security in respect of a debt or other obligation owed to the Crown and the Minister has realized on the security under section 156 of the Financial Administration Act.

• Marginal note:Delay in opening lands by the Minister

  (2) Subject to subsection (3) and section 14, the lands that were covered by a claim the recording of which has been cancelled under subsection (1), or by a lease that has been cancelled under that subsection, are not open for prospecting and the units containing those lands are not available for recording as a claim until the Minister opens them for prospecting.

• Marginal note:Recording of claim or issuance of lease

  (3) If it is in the financial interest of the Crown or will aid in remedying environmental damage on territorial lands, the Minister may

  • (a) instruct the Mining Recorder to record, in the name of a specified person, a claim that covers the lands that were covered by the claim the recording of which has been cancelled; and

  • (b) if a lease has been cancelled, issue a lease that covers the claim recorded under paragraph (a) to the holder of the claim.

• Marginal note:Effect of recording

  (4) When a claim is recorded under paragraph (3)(a),

  • (a) the recording of the claim is considered to be a transfer of the claim the recording of which has been cancelled;

  • (b) the recording date of the claim is considered to be the recording date of the claim the recording of which has been cancelled;

  • (c) the duration of the claim is extended by a period that is equivalent to the period beginning on the anniversary date of the claim that precedes the cancellation referred to in subsection (1) and ending on the anniversary date following the transfer; and

  • (d) for the purpose of determining any year referred to in subsections 39(1) and 40(1), any year included in the period beginning on the anniversary date of the recording of the claim that precedes the cancellation referred to in subsection (1) and ending on the anniversary date following the transfer is to be excluded.

• Marginal note:Duration of new lease

  (5) A lease issued under paragraph (3)(b) is considered to be a transfer of the cancelled lease on the same lands, with the same duration as was left on the previous lease at the time the previous lease was cancelled.